FROM

(THU)AUQ

13

2OO

8:OOST.

7’5OOOOOlO

P

2

Br)NGE

R

CEL)

August

12, 2009

AUG

3

2009

Mr. Timothy

Fox,

Hearing

Officer

1

NO’s

Illinois

Pollution

Control

Board

BOard

James

R.

Thompson

Center

(

4_

100

W.

Randolph

‘—‘‘

“

e

1

Suite

11-500

Chicago,

Illinois

60601

RE:

Rulemaking

R2006-22,

In

the

Matter

of:

NOx

Trading

Program:

Amendments to 35111.

Adrn.

Code

Part

217;

Response

to Motions

by

the

Illinois

Environmental Regulatory

Group

Mr.

Fox:

I am

writing

on behalf

of Bunge

North

America,

Inc.

(Bunge)

in

response

to

the Illinois

Pollution

Control

Board’s

(“Board”)

August

6,

2009

Order

requesting

responses

to

the

Illinois

Environmental

Regulatory

Group’s

(“IERG”)

Motion

for Emergency

Rule and

Motion

for

Expedited

Action

on

IERG’s

Alternative

Proposal

(collectively

“Motions”).

Bunge

supports

the

Motions

and

urges

the

Board

to grant

approval

for the

Motions.

Please

consider

the

following

in

ruling

on

the Motions:

1.

Bunge

believes

that

it is in

the best

interest

of

business

in

Illinois

to

adopt

the

emergency

rule and

alternative

proposal

described

in

the

Motions

that

require

NOx

allowances

to

be

distributed

for the

2009

ozone

season,

as well

as

subsequent

control

periods.

2.

Bunge

is

an owner/operator

of a facility

in

Danville,

IL

that is potentially

subject

to

proposed

Subpart

U.

(35

Ill.

Admin.

Code

Part

217.Subpart

U).

3.

IEPA

inadvertently

excluded

the

Bunge

facility

in Danville

from

the

NOx

SIP

Call

budget

trading

program

when Subpart

U

was

originally

established,

In

a letter

from

Laurel

Kroack

of the

IEPA,

dated

August

17,

2006,

IEPA

petitioned

US

Environmental

Protection

Agency

(EPA)

and

the

Clean

Air

Markets

Division

(CAMD)

requesting

additional

allowances

for

Bunge

and that

upon

receipt

of

these

additional

allowances,

IEPA

would

amend

Subpart

U

to

include

the

Bunge

facility

in

Danville

in

the

rule.

---

FRON

(THU)AUQ 1

008

8:OQIST.

7:5eHo.. 7500000510

P

3

4.

Bunge

upgraded its continuous

emissions

monitoring system

(CEMS)

and

its

data

acquisition

and handling

system (DAHS)

to Part 75 standards

in preparation

of

being

included

in

the

NOx

SIP

Call budget

trading

program.

Unfortunately,

the US

EPA

never

awarded

the requested

allowances,

and IEPA

never amended

Subpart

U.

5.

Therefore,

Bunge

has not

received allocations

of

NOx

allowances

for

the

2009

ozone

season,

nor for any

subsequent

years.

However,

Bunge is included

ill the rule

proposed

by

IERG

and

would

receive NOx

allowances

under the proposed

rule.

6.

Bunge

is concerned

that, through

no fault of its

own, potential

legal liability

may

exist

for Bunge by

being subject

to the federal rule

while

being excluded from

Illinois

state

rule.

Bunge appreciates

the

opportunity

to provide this

response. In light

of the

above, we request

that

the

Board

grant

IERG’s

Motion

for

Emergency

Rule

in

order to require

that 2009

NOx

allowances be

distributed

to

impacted

sources,

and grant

IERG’s Motion

for Expedited

Action

on IERG’s

Alternative

Proposal

in order to bring

NOx SIP

Call

budget

units into

the

CAIR

NOx

Ozone

Season Trading

Program

for the 2010

control period and

beyond.

Respectfully

submitted,

Bunge

North

America,

Inc.

Loren

Polak

Director

of

Environmental

Management

Bunge North

America, Inc.